Shri Sarabjit Singh & Anr vs The State Govt Of Nct Of Delhi & Anr on 27 February, 2026

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    Delhi High Court – Orders

    Shri Sarabjit Singh & Anr vs The State Govt Of Nct Of Delhi & Anr on 27 February, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~26
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         CRL.M.C. 8276/2025
                                        SHRI SARABJIT SINGH & ANR.               .....Petitioners
                                                      Through: Mr. Anuuj Aggarwall, Advocates.
    
                                                                      versus
    
                                        THE STATE GOVT OF NCT
                                        OF DELHI & ANR.                          .....Respondents
                                                      Through: Mr. Hitesh Vali, APP with Mr.
                                                               Samar Pratap, Advocate, and SI
                                                               Sourabh Malik.
                                                               Mr. Deepak Kumar, Advocate for
                                                               R-2 with R-2 in person.
    
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
                                                          ORDER
    

    % 27.02.2026

    1. The petitioners have preferred the present petition under Section
    528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to
    Section 482 of the Code of Criminal Procedure, 1973), seeking quashing
    of FIR No. 1252/2014 dated 24.12.2014 registered at Police Station K.N.
    Katju Marg, Outer District, Delhi, under Sections 498A/406/420/34 of the
    Indian Penal Code, 1860, [“IPC“] and Section 4 of the Dowry Prohibition
    Act, 1961, alongwith all consequential proceedings emanating therefrom,
    on the ground of settlement.

    SPONSORED

    2. Issue notice. Mr. Hitesh Vali, learned Additional Public
    Prosecutor, accepts notice on behalf of the State. Mr. Deepak Kumar,
    learned counsel, accepts notice on behalf of respondent No. 2.

    CRL.M.C. 8276/2025 Page 1 of 6

    This is a digitally signed order.

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    The Order is downloaded from the DHC Server on 13/03/2026 at 21:23:35

    3. With the consent of learned counsel for the parties, the petition is
    taken up for disposal.

    4. The impugned FIR was registered at the instance of respondent No.
    2, who was the wife of petitioner No. 1.

    5. The petitioner No. 1 and respondent No. 2 were married on
    06.10.2013 according to Sikh rites and ceremonies. One female child was
    from the wedlock on 30.06.2014. Due to matrimonial discord and
    temperamental differences, the parties started living separately since
    2014.

    6. Respondent No. 2 lodged a complaint before the Crime Against
    Women Cell, Outer District, alleging cruelty and dowry-related
    harassment against petitioner No. 1 and his mother, based on which the
    present FIR was registered on 24.12.2014. Upon completion of
    investigation, a chargesheet has been filed on 25.11.2017 and the matter
    is pending before the learned Judicial Magistrate First Class (Mahila
    Court), North District, Rohini Courts, Delhi.

    7. During the pendency of the proceedings, the parties have entered
    into a Memorandum of Understanding dated 16.09.2025, whereby all
    disputes between them have been amicably settled. As per the terms of
    settlement, petitioner No.1 has agreed to pay a total sum of
    Rs.17,00,000/- to respondent No.2 towards full and final settlement of all
    her claims, including stridhan, past, present and future maintenance, and
    permanent alimony for herself and the minor child.

    8. It was further agreed that the custody of the minor child shall
    remain with respondent No. 2, and petitioner No. 1 shall not claim
    visitation or permanent custody in the future. The parties have also agreed

    CRL.M.C. 8276/2025 Page 2 of 6

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 13/03/2026 at 21:23:35
    that the ex parte decree of divorce passed in favour of petitioner No. 1 in
    MC No. 2879/2015 by the Family Court, Bangalore, on 25.08.2016 shall
    be treated as final and binding, and respondent No. 2 shall not challenge
    the same.

    9. The petitioners and respondent No.2 are present in Court and have
    been identified by their respective counsel as well as by the Investigating
    Officer.

    10. Learned counsel for the parties confirm that the settlement has been
    entered into voluntarily and without any coercion or undue pressure.

    11. The Supreme Court has clearly held that, in certain circumstances,
    the High Courts, in exercise of their powers under Section 528 of BNSS
    (corresponding to Section 482 of CrPC), can quash criminal proceedings,
    even with respect to non-compoundable offences, on the ground that
    there is a compromise between the accused and the complainant,
    especially when no overarching public interest is adversely affected.

    12. The Supreme Court, in Gian Singh v. State of Punjab & Anr.1 has
    held as follows:

    “58. Where the High Court quashes a criminal proceeding having regard
    to the fact that the dispute between the offender and the victim has been
    settled although the offences are not compoundable, it does so as in its
    opinion, continuation of criminal proceedings will be an exercise in
    futility and justice in the case demands that the dispute between the
    parties is put to an end and peace is restored; securing the ends of
    justice being the ultimate guiding factor. No doubt, crimes are acts
    which have harmful effect on the public and consist in wrongdoing that
    seriously endangers and threatens the well-being of the society and it is
    not safe to leave the crime-doer only because he and the victim have
    settled the dispute amicably or that the victim has been paid
    compensation, yet certain crimes have been made compoundable in law,
    with or without the permission of the court. In respect of serious offences

    1
    (2012) 10 SCC 303.

    CRL.M.C. 8276/2025 Page 3 of 6

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 13/03/2026 at 21:23:35
    like murder, rape, dacoity, etc., or other offences of mental depravity
    under IPC or offences of moral turpitude under special statutes, like the
    Prevention of Corruption Act or the offences committed by public
    servants while working in that capacity, the settlement between the
    offender and the victim can have no legal sanction at all. However,
    certain offences which overwhelmingly and predominantly bear civil
    flavour having arisen out of civil, mercantile, commercial, financial,
    partnership or such like transactions or the offences arising out of
    matrimony, particularly relating to dowry, etc. or the family dispute,
    where the wrong is basically to the victim and the offender and the
    victim have settled all disputes between them amicably, irrespective of
    the fact that such offences have not been made compoundable, the
    High Court may within the framework of its inherent power, quash the
    criminal proceeding or criminal complaint or FIR if it is satisfied that
    on the face of such settlement, there is hardly any likelihood of the
    offender being convicted and by not quashing the criminal
    proceedings, justice shall be casualty and ends of justice shall be
    defeated. The above list is illustrative and not exhaustive. Each case will
    depend on its own facts and no hard-and-fast category can be
    2
    prescribed.”

    Further, in Narinder Singh & Ors. v. State of Punjab & Anr.3, the
    Supreme Court has also laid down guidelines for High Courts while
    accepting settlement deeds between parties and quashing the proceedings.
    The relevant observations in the said decision read as under:

    “29. In view of the aforesaid discussion, we sum up and lay down the
    following principles by which the High Court would be guided in giving
    adequate treatment to the settlement between the parties and exercising
    its power under Section 482 of the Code while accepting the settlement
    and quashing the proceedings or refusing to accept the settlement with
    direction to continue with the criminal proceedings:

    29.1. Power conferred under Section 482 of the Code is to be
    distinguished from the power which lies in the Court to compound the
    offences under Section 320 of the Code. No doubt, under Section 482 of
    the Code, the High Court has inherent power to quash the criminal
    proceedings even in those cases which are not compoundable, where the
    parties have settled the matter between themselves. However, this power
    is to be exercised sparingly and with caution.

    2

    Emphasis supplied.

    3

    (2014) 6 SCC 466.

    CRL.M.C. 8276/2025 Page 4 of 6

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 13/03/2026 at 21:23:35
    29.2. When the parties have reached the settlement and on that basis
    petition for quashing the criminal proceedings is filed, the guiding
    factor in such cases would be to secure:

    (i) ends of justice, or

    (ii) to prevent abuse of the process of any court.

    While exercising the power the High Court is to form an opinion on
    either of the aforesaid two objectives.

    29.3. Such a power is not to be exercised in those prosecutions which
    involve heinous and serious offences of mental depravity or offences like
    murder, rape, dacoity, etc. Such offences are not private in nature and
    have a serious impact on society. Similarly, for the offences alleged to
    have been committed under special statute like the Prevention of
    Corruption Act
    or the offences committed by public servants while
    working in that capacity are not to be quashed merely on the basis of
    compromise between the victim and the offender.

    29.4. On the other hand, those criminal cases having overwhelmingly
    and predominantly civil character, particularly those arising out of
    commercial transactions or arising out of matrimonial relationship or
    family disputes should be quashed when the parties have resolved their
    entire disputes among themselves.

    29.5. While exercising its powers, the High Court is to examine as to
    whether the possibility of conviction is remote and bleak and
    continuation of criminal cases would put the accused to great oppression
    and prejudice and extreme injustice would be caused to him by not
    quashing the criminal cases.”4

    13. In the present case, the proceedings between the parties arise out of
    a matrimonial relationship, which has already culminated in a decree of
    divorce. Applying the tests laid down by the Supreme Court, it may be
    observed that the respondent No. 2 has also categorically affirmed the
    voluntary nature of the settlement before the Court. In these
    circumstances, the criminal proceedings are unlikely to result in

    4
    Emphasis supplied.

    CRL.M.C. 8276/2025 Page 5 of 6

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 13/03/2026 at 21:23:35
    conviction, and their continuation would be an empty formality, adding to
    the burden of the justice system and consuming public resources
    unnecessarily.

    14. The settlement contemplates payment of a sum of Rs.17,00,000/-
    to respondent No. 2. Respondent No. 2 confirms that she has received Rs.
    7,00,000/- till date. The balance amount of Rs.10,00,000/- has been
    handed over to respondent No.2 in Court today by way of Demand Draft.
    There is therefore no impediment to the grant of the relief sought.

    15. Accordingly, the petition is allowed, and FIR No. 1252/2014 dated
    24.12.2014 registered at Police Station K.N. Katju Marg, Outer District,
    Delhi, under Sections 498A/406/420/34 of the IPC and Section 4 of the
    Dowry Prohibition Act, 1961, along with all consequential proceedings
    arising therefrom, is hereby quashed.

    16. The petition stands disposed of accordingly.

    17. It is, however, made clear that the settlement and the present order
    will not, in any way, affect the rights of the minor child, whose custody
    remains with respondent No. 2.

    PRATEEK JALAN, J
    FEBRUARY 27, 2026
    Sh/JM

    CRL.M.C. 8276/2025 Page 6 of 6

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 13/03/2026 at 21:23:35



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